Emma Hart v. Marriott International, Inc. et al

Filing
7

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE LACK OF JURISDICTION by Judge James V. Selna: Marriot is ordered to file an amended initial pleading within 15 days identifying each member of Mars and the members citizenship and principal place of business as the date of the filing of the initial pleading. If any member is itself an LLC, the same information shall be provided for each subtier member, and if need be, for each successive subtier. (See Order for further details.) (es)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Title
Date
SACV 17-02021 JVS (KESx)
November 29, 2017
Hart v. Marriot International Inc
Present: The Honorable
James V. Selna
Karla J. Tunis
Not Present
Deputy Clerk
Court Reporter
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS)
Order To Show Cause re Lack of Jurisdiction
The Court has made a preliminary review of the jurisdictional allegations
in the:
Complaint, filed
X Notice of Removal (“Notice”) filed November 17, 2017
by Marriot International, Inc. et al. (collectively “Marriot”).
The initial pleading invokes jurisdiction Court on the basis of diversity of
citizenship, 28 U.S.C. § 1332. (Notice, ¶ 3 .) Jurisdiction on this basis requires
complete diversity.
Starwood Hotels & Resorts Worldwide, LLC (“Starwood LLC”) has
appeared as the party formerly known as Starwood Hotels & Resorts Worldwide, Inc.
(Id.) As noted below, for citizenship purposes, a limited liability company takes on the
citizenship of its members. The Notice discloses that Starwood LLC’s sole member is
Mars Merger Sub, LLC (“Mars”). However, no further information is provided with
regard to the members of Mars and their citizenship.
For purposes of diversity jurisdiction, an LLC takes on the citizenship of
each of its members. Johnson v. Columbia Properties Anchorage , LP, 437 F.3d 894,
899 (9th Cir. 2006); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998); Keith v.
Black Diamond Advisors, Inc., 48 F. Supp. 2d 326, 329-30 (S.D. N.Y. 1999). In order
to determine diversity, the Court must consider the citizenship of each LLC member,
CV-90 (06/04)
CIVIL MINUTES - GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Title
Date
SACV 17-02021 JVS (KESx)
November 29, 2017
Hart v. Marriot International Inc
and if a member is an LLC, the citizenship of its members. Presently, the Court cannot
tell if jurisdiction has been properly invoked.
Marriot is ordered to file an amended initial pleading within 15 days
identifying each member of Mars and the member’s citizenship and principal place of
business as the date of the filing of the initial pleading. If any member is itself an
LLC, the same information shall be provided for each subtier member, and if need be,
for each successive subtier.
A failure to respond may result in remand of the case to the Superior
Court of the State of California for lack of jurisdiction.
:
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
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